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Supreme Court Order
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 631 OF 2004
.. Petitioner
Versus
Delhi Administration & Ors.
..
Respondents
JUDGMENT
K. S. Radhakrishnan, J.
1.
Page1
The Writ Petition was filed in the year 2004 and since then,
Page2
3.
This
Court,
therefore,
directed
the
Central
Government,
Page3
Advisory Councils so
of this Courts
for effective functioning of the RTE Act and its implementation was
also highlighted. The Central Government was also directed to frame
rules, in exercise of its powers under Section 38 of the RTE Act, for
proper implementation of the RTE Act.
4.
not provided proper toilet facilities for boys and girls and in some of
the schools, it was noticed, that there is no provision for drinking
water as well. Detailed interim orders were passed by this Court on
Page4
following order:
We have heard the learned counsel for the
parties. It is imperative that all the schools must
provide toilet facilities. Empirical researches have
indicated that wherever toilet facilities are not
provided in the schools, parents do not send their
children (particularly girls) to schools. It clearly
violates the right to free and compulsory education
of children guaranteed under Article 21-A of the
Constitution.
We direct all the States and the Union
Territories to ensure that toilet facilities are made
available in all the schools on or before 30th
November, 2011. In case it is not possible to have
permanent construction of toilets, at least
temporary toilets be provided in the schools on or
before 30th November, 2011 and permanent toilets
be made available by 31st December, 2011.
We direct the Chief Secretaries/Administrators
of all the States/Union Territories to file their
affidavits on or before 30th November, 2011.
5.
follows:
In our previous order dated 18.10.2011, we
clearly indicated that it is imperative that all the
schools must provide toilet facilities; empirical
researches have indicated that wherever toilet
facilities are not provided in the schools, parents do
not send their children (particularly girls) to schools.
Page5
6.
dealt with by this Court in its interim order dated 13.1.2012. Some
of the States have taken some positive steps, but some the States
still lag behind. Taking note of all those aspects, this Court passed
an order on 12.3.2012, the operative portion of which reads as
follows:
The Chief Secretaries of various States were
directed to ensure that separate permanent toilets
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Tripura
Tamil Nadu
Sikkim
Gujarat
Bihar
Rajasthan
Jammu and Kashmir
Madhya Pradesh
Kerala
Page7
Project Objectives
13,14,636
Project Performance
11,99,117
Page8
Percentage-wise progress
91.21%
Page9
10
Page10
11
8.
conferred
certain
functions
on
the
National
Commission
for
(b)
(c)
Page11
12
to all the States to give effect to the various directions already given
by this Court like providing toilet facilities for boys and girls, drinking
water facilities, sufficient class rooms, appointment of teaching and
non-teaching staff etc., if not already provided, within six months
from today. We make it clear that these directions are applicable to
all the schools, whether State owned or privately owned, aided or
unaided, minority or non-minority. As the writ petition is disposed
of, no orders are required to be passed on applications for
intervention and impleadment and the same are disposed of.
Page12
13
10.
We
make
it
clear
that
if
the
directions
are
not
fully
.J
(K. S. RADHAKRISHNAN)
..J.
(DIPAK MISRA)
New Delhi,
October 3, 2012
Page13
14
ITEM NO.1C
COURT NO.11
SECTION PIL
[FOR JUDGMENT]
S U P R E M E
C O U R T
O F
I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 631 OF 2004
Petitioner(s)
VERSUS
DELHI ADMINISTRATION & ORS.
Date: 03/10/2012
Respondent(s)
For Petitioner(s)
For Respondent(s)
Page14
15
Page15
16
Hon'ble
Mr.
Justice
K.S.
Radhakrishnan
pronounced reportable judgment of the Bench comprising His
Lordship and Hon'ble Mr. Justice Dipak Misra.
In terms of signed reportable judgment, the writ
petition is disposed of.
(A.D. Sharma)
(Renuka Sadana)
Court Master
Court Master
Page16